Mentor Embedded Linux
The Mentor Graphics' Embedded Software and Hardware License Agreement or a valid license agreement which is physically signed by your company and an authorized representative of Mentor Graphics (“License Agreement”) applies to your use of Mentor Graphics software, including any updates, modifications and revisions (“Software”), and hardware products and any replacement parts provided hereunder (collectively “Products”). If you order support services, the following support terms shall also apply, unless your company has a physically signed agreement with Mentor Graphics containing support terms, in which case the signed agreement shall apply.
This is a legal agreement concerning support services between the company ordering support services (“Customer”) and the Mentor Graphics entity that issued the corresponding quotation (“Mentor Graphics”). This Agreement, the License Agreement and the applicable quotation contain the parties’ entire understanding relating to the subject matter and supersede all prior or contemporaneous agreements, including but not limited to any purchase order terms and conditions.
Support services vary depending on the service plan purchased. Hours of support availability, the number of eligible contacts, any response options and any technical support options or guidelines are described in Mentor Graphics' current published support documentation. The following terms and conditions apply to Mentor Embedded Linux support services provided:
1. Support. Subject to these terms and conditions and upon receipt of Customer's payment or commitment to pay for support services, Mentor Graphics will provide the support services identified in the applicable quotation.
2. Technical Coordinator. For each site covered, Customer will provide Mentor Graphics with current names, addresses and telephone numbers of a technical coordinator and alternate, who have a working knowledge of the supported Products.
3. Support Term. Mentor Graphics shall provide technical support to Customer only during the Term (“Support Term”) of the support purchased.
4. Support and Defect Resolution. Mentor Graphics supports product components on the following basis:
Table 1 - Verification and Support
|Support Level||Components Included in Level||Support Obligation|
Other MEL components and features
|Any MEL component not included in Core-image-base.||Build support only.|
Other MEL Core-image-base components and features
|Any MEL component included in Core-image-base not otherwise specified as Level 2.||Build support and Defect resolution. May deliver fix as patch or as upgraded component at Mentor’s discretion.|
Specific list of components included in MEL Core-image-base
|The following listed components included in Core-image-base:
base-passwd modutilsutil-linux busybox
|Build support and Defect resolution. Will fix as a patch of the delivered version of component.|
Table 2 - Mentor Embedded Linux Defect Severity and Resolution Targets
|Defect Severity1||Defect Resolution Time|
Critical – System is down. Severe impact to development or operation of the system. No workaround available.
|Target < 2 Days3 Otherwise, ongoing until solution is reached if complexity limits defect from being resolved within specified time|
High – System is impaired. Software is functioning but progress is significantly impacted. No workaround available.
|Target < 2 Weeks3
Otherwise, ongoing until solution is reached if complexity limits defect from being resolved within specified time
Medium – System is degraded. Software is functioning and development is not blocked. Progress continues with workaround solution.
|Commercially Reasonable Effort|
Low – No or trivial impact to system. Could be reporting a documentation error, or request for feature enhancement or modification.
|At Mentor Discretion|
1 Defect severity is submitted by Customer. For the purpose of Defect Resolution Time, actual severity will be determined jointly between Customer and Mentor Graphics.
2 The term “workaround” means an alternative method can be used to obtain the same functionality.
3 Resolution time begins after Mentor Embedded receives and verifies a valid test case.
5. Defects and Enhancements. Mentor Graphics defines a defect as a material deficiency of a Level 1 or Level 2 product component or feature that is not an enhancement. An enhancement either expands the functionality of the product or increases the scope of components designated Level 1 or Level 2. Product components covered under an open source license with features or behavior consistent with the intended behavior of the upstream community source base shall not be considered a defect. Additionally, Mentor Graphics defines a failure to build a Level 0, 1 or 2 runtime software component using a Mentor Graphics provided recipe and recommended tools as a defect. Mentor Graphics has sole discretion to designate a product behavior as a defect or enhancement. In all cases, the host development system being used must meet or exceed the minimum system requirements as documented in the Mentor Embedded Linux Getting Started Guide.
6. Scope of Support. Mentor Graphics shall provide updates and technical support to Customer as described herein only when Mentor Embedded Linux is used in conjunction with the version of Sourcery CodeBench identified in the product documentation. All Sourcery CodeBench components shall be supported under the Sourcery CodeBench support terms found at http://www.mentor.com/codebench-support-legal.
a. Question and answer support (Q&A). Mentor Graphics will provide question and answer technical support on currently supported versions of Mentor Embedded Linux for which the Customer has an active support agreement. Mentor Graphics will have no obligation to provide question and answer technical support for unsupported releases.
b. Product Updates. Product updates addressing defects will be made against the currently supported versions of Mentor Embedded Linux with the latest patches and updates applied. Mentor Graphics will have no obligation to provide product updates addressing defects for unsupported releases.
c. Host-based tools. Mentor Graphics shall provide Q&A and bug fix support for the operation of Mentor Graphics-provided host-based tools only when they are used for the preparation of the associated Mentor Embedded Linux target-side software. All Sourcery CodeBench components shall be supported under the Sourcery CodeBench support terms found at http://www.mentor.com/codebench-support-legal.
d. Target-side software. Mentor Graphics will provide Q&A bug fix, and build support for target-side software as outlined in Table 1.
g. Board Support Packages. Mentor Graphics will provide Q&A support and bug fix support for Level 1 and Level 2 features of Board Support Packages supplied by Mentor Graphics. Unless there is a separate agreement in place for board support package technical support, Mentor Graphics will not provide Q&A support and bug fix support for non-Mentor Graphics supplied Board Support Packages.
7. Updates. During the Term of Support, including any renewal Term(s) of Support, Customer may download, free of charge, any new version(s), update(s), or upgrade(s) to Mentor Embedded Linux that Mentor Graphics makes available at such times as may be determined by Mentor Graphics in its sole discretion.
8. Electronic Support System. Customer shall make all support requests for Mentor Embedded Linux via Mentor Graphics’ electronic support system and Mentor Graphics shall respond via the same electronic support system. Mentor Graphics will not accept Mentor Embedded Linux support requests by telephone or other means.
9. No Guarantee of Resolution. Mentor Graphics does not guarantee that it will be able to resolve all support requests. Mentor Graphics will apply commercially reasonable efforts to resolve defects within the targeted resolution times. Situations may arise where defect complexity or the risk of introducing additional defects is determined to be unacceptably high such that resolution of the defect may extend beyond commercially reasonable support terms. In this case, the Customer and Mentor Graphics may address such defects subject to a separate agreement and payment of the applicable fees.
10. Test Cases. In many cases, Mentor Graphics will require access to Customer's source code in order to resolve Customer's support request. Mentor Graphics may, in its sole discretion, create regression tests distilled from Customer's source code for use in testing changes to Mentor Embedded Linux. Mentor Graphics shall use commercially reasonable efforts to disguise the origin of the source code, to eliminate non-essential aspects of the source code, and to otherwise protect the confidentiality of Customer's source code. These regression tests may be made available to other Mentor Graphics Customers or to the general public.
11. General; Miscellaneous. The controlling law set forth in Customer’s applicable License Agreement shall apply. This Agreement may only be modified in writing by authorized representatives of the parties. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse. Any additional or different purchase order terms and conditions shall not apply.